HomeMy WebLinkAbout20121503.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0009
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO MILES OF
SINGLE CIRCUIT 115-KILOVOLT (kV) ELECTRIC TRANSMISSION LINE, TO
CONNECT INTO THE LASALLE GAS PLANT [USR-1792] SUBSTATION
FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF
INTERCONNECTION FROM THE WESTERN AREA POWER ADMINISTRATION
[WAPA]TRANSMISSION LINE) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES IN SECTION 10(WAPA SWITCHING
STATION)CROSSES SECTION 30 AND 31,TSN, R64W OF THE 6T"P.M.,WELD
COUNTY, COLORADO AND ENDS AT THE LASALLE GAS PLANT(USR-1792).
LOCATION: SOUTH OF COUNTY ROAD 54 IN AN EASEMENT WEST OF COUNTY ROAD 51
TO A PROPERTY IN THE NW4 OF CR 50 AND CR 51.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
21-3-340. A of the Weld County Code, as follows:
• Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the County will be protected
and served. All Tri-State electric facilities are designed, constructed, operated, and maintained to
meet or exceed all applicable standards of design and performance set forth in the National Electrical
Safety Code(N ESC 2012). Health and safety concerns associated with the Project,therefore,would
be limited largely to electromagnetic fields(EMF)from the transmission line. For the purposes of this
study, EMF was modeled as a function of predicted magnetic field levels, based on typical and peak
loads, from the proposed transmission line. The Design Standards (Section 23-2-240), Operation
Standards(Section 23-2-250), Conditions of Approval,and Development Standards ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County
Section 21-3-340.A.2-The natural and socio-economic environment of the County will be protected
and enhanced. As outlined in the application,the transmission line will cross existing pasture land.A
total disturbance area of only 0.07 acres(around the 5-6 transmission line poles)would result from
this proposal.
Section 21-3-340.A.3--All reasonable alternatives to the proposed action, including use of existing
rights-of-way and joint use of rights-of-way wherever uses are compatible, have been adequately
assessed and the proposed action is compatible with and represents the best interests of the people
of the County and represents a fair and reasonable utilization of resources in the impact area. The
applicant has reviewed two electrical system alternatives were evaluated to address the need of the
Project.
Alternative 1: No Action
Taking no action would result in no power delivery to the South Kersey Substation and
the LaSalle Gas Processing Facility. Without electricity, the processing facility would
• have to be supplied with natural gas. The No Action Alternative does not meet the need
of the Project.
A2012-1503
U
RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
• PAGE 2
Alternative 2: Construct a transmission line connection from the Kersey West Switching
Station to the South Kersey Substation. Alternative 2 would involve the construction of
approximately two (2) miles of 115-kV transmission line between the Kersey West
Switching Station and the South Kersey Substation, located at the La Salle Gas
Processing Facility.A temporary tap would be required at WAPA's Kersey-Rosedale 115-
kV transmission line until the Kersey West Switching Station can be constructed by
WAPA. Alternative 2 would provide the necessary power to operate the new gas
processing facility within the required timeframe, as requested by DCP.
Preferred System Alternative
The preferred system alternative is Alternative 2.Alternative 2 meets the Project's purpose and
need and provides a cost-effective, secure, and reliable source of power for the LaSalle Gas
Processing Facility[USR-1792].
Based on this evaluation, three (3) routes were determined to be feasible based on the analysis. In
addition, three (3)switching station locations were examined for the Kersey West Switching Station
(to be constructed by WAPA). A transmission line route alternative was associated with each one of
these switching station locations.
Alternative A:
Alternative A is the preferred transmission line route alternative. The Kersey West Switching
Station would be located at the southwest corner of the intersection of County Roads 54 and
51. The transmission line would then exit the Kersey West Switching Station and proceed
south along the west side of County Road 51 before turning west into the South Kersey
Substation. Alternative A was selected as the preferred alternative after land use, natural
• resources, and public input were taken into account. Alternative A is the most direct route to
deliver power to the Kersey West Substation and impacts the fewest number of landowners.
Access is superior as the entire route is adjacent to an existing county road. It also does not
impact wetland areas or any sensitive resources.
Alternative B:
In Alternative B, the Kersey West Switching Station would be located at the southeast corner
of County Roads 54 and 49. The transmission line would run south along the east side of
County Road 49 and then proceed east into the South Kersey Substation. Alternative B
impacted the greatest number of residences(10)and was further constrained by the presence
of four oil and gas wells along the route. It was also the longest alternative with 2.8 miles of
transmission line. Based on discussions with the new dairy farm owner,the proposed plan is to
locate the cows on the western side of the property making Alternative B unfavorable to the
new landowner.
Alternative C:
Alternative C is located '/ mile east of Alternative A. The transmission line would proceed
south along west side of the half-section line of Section 20. The line would then head west to
the west side of County Road 51 and south into the South Kersey Substation. Alternative C
impacted the greatest number of parcels out of the three alternatives. It was also constrained
by the presence of wetlands and ponds along the northern portion of the route. Alternative C
also was longer than the preferred alternative,with 2.5 miles of transmission line.Alternative C
presented the most access problems, with less than half of the line accessible by county road.
Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been
presented. The length of the transmission line will be two(2)miles. It will connect the existing WAPA
line and new switching station to a proposed 115kV transmission line connecting into the LaSalle Gas
• Plant. The proposed location of the transmission line is the shortest distance between the WAPA
Line interconnect and the LaSalle Gas Plant.
RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
• PAGE 3
Section 21-3-340.A.5--The nature and location or expansion of the facility complies with all applicable
provisions of the master plan of this County, and other applicable regional, metropolitan, state and
national plans.The Transmission line alignment and associated switching and substations are within
the three mile referral area for the Town of Kersey who indicated in the referral dated March 5,2012,
no conflict with their interests.
Section 22-6-20.A.4 ECON.Policy 1.4. from the Weld County Comprehensive Plan states: "Invest in
the public infrastructure required to retain existing businesses and to readily support the needs of
future industrial and commercial developments." The proposed power line and associated
infrastructure will provide a consistent and reliable level of service to the LaSalle Gas Plant and new
South Kersey Substation.
Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services. The nature and location of the facility will not
unduly or unreasonably impact existing community services.The transmission line connection will not
generate long-term impacts on area school districts and other community services.
Section 21-3-340.A.7--The nature and location or expansion of the facility will not create an expansion
of the demand for government services beyond the reasonable capacity of the community or region to
provide such services, as determined by the Board of County Commissioners. The proposed
transmission line will allow cost effective service to the DCP Midstream LaSalle Gas Plant [USR-
1792] already approved by the county.
Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general meteorological
• and climatological conditions which would unreasonably interfere with or obstruct normal operations
and maintenance. The proposed Tri-State transmission line taps into an existing Western Area Power
Administration transmission line through a new WAPA switching station and links this new switching
station with a an approximate two (2) mile transmission line into the on-site substation for the DCP
Midstream's LaSalle Gas Plant.
Section 21-3-340.A.9--The nature and location of the facility or expansion will not adversely affect the
water rights of any upstream, downstream or agricultural users, adjacent communities or other water
users. The application states that the project will not impact hydrologic flow of either surface of either
surface water or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will
be preserved.
Section 21-3-340.A.10--Adequate water supplies are available for facility needs.The proposed facility
will function as an unmanned site and does not currently or have future water service or sanitation
needs. During construction,as required by the Development Standards, bottled water will be provided
for drinking and hand washing purposes, toilet facilities (port—a—potties)will also be provided.
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights-of-way, other utilities, canals, mineral claims or roads. Right-of-way
agreements include--WO-feet or easements will be purchased from landowners along the transmission
alignment. Only a small portion of the transmission line right-of-way would be disturbed for structure
installation and vehicle access. No new roads are needed to gain access to sites where the poles
would be erected. The facility transmission line and supporting structures will be placed in a location
that avoids existing gas pipeline rights-of-way.
Section 21-3-340.A.12--Adequate electric, gas, telephone, water, sewage and other utilities exist or
shall be developed to service the site. This is an unmanned facility. Permanent electric, gas,
• telephone, water and/or sewage will not be required for this transmission line.
RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
• PAGE 4
Section 21-3-340.A.13-The nature and location for expansion of the facility will not unduly interfere
with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural
resource or historic landmark within the impact area. No referral comments were received from the
Division of Parks and Wildlife. The United States Fish&Wildlife Service list of federally threatened or
endangered species includes six wildlife species and two plant species in Weld County:
Group 1) The Mexican Spotted Owl, Least Tern and Piping Plover-Given the lack of water and the
intense agricultural land use, these two species are not expected to occur in the Project
area,
Group 2) Whooping Crane- No impacts to whooping cranes are anticipated for this Project.
Group 3) Black-footed ferret - No black-tailed prairie dog colonies were located near the Project
area. Prairie dog colonies were not observed in the vicinity of the Project site during
surveys; therefore, the black-footed ferret would not be impacted by the Project.
Group 4) Preble's meadow jumping mouse-There is no suitable habitat or designated critical habitat
for Preble's meadow jumping mouse in or near the Project site,therefore, no impacts to the
species are expected.
Group 5) Colorado butterfly plant, and Ute ladies'-tresses orchid-The Project site does not support
suitable habitat, therefore, the Project would not impact these species.
In addition to federally listed species, state-listed species that could occur in or near the
Project area includes the Western Burrowing Owl and Plains Sharp-tailed Grouse. Prairie dog
colonies were not observed in the vicinity of the Project site; therefore, the western burrowing owl is
not expected to be impacted by the Project.The Plains Sharp-tailed Grouse is listed as endangered in
Colorado.The bird formerly nested over much of the northern two-thirds of the eastern prairie, but the
present population consists of only a few hundred birds in Douglas County(CPAW 2010). Tri-State
• would continue to coordinate with CPW to develop appropriate mitigation measures that are
compatible with Project goals and that would minimize impacts to wildlife along the transmission line.
Section 21-3-340.A.14 — The nature and location or expansion of the facility, including expected
growth and development related to the operation and provision of service, will not significantly
deteriorate water or air quality in the impact area. The proposed project will have no long term impact
on water or air quality. During construction, some fugitive dust may be generated as well as carbon
monoxide from construction vehicles. The applicant has indicated any air quality impacts can be
minimized through dust suppression and regular vehicle maintenance. The applicant indicates that
they will monitor dust levels and erosion levels prior to establishment of vegetation in the disturbed
areas and take appropriate measures to control dust and erosion if necessary.
The proposed project will not generate runoff in excess of historic levels and will not modify existing
topography and drainage on the site.
Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all
construction, clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion. Tri-State performed a Class I archaeological database search of the Project area.Thirteen
previously recorded sites were found in the Project area. All of the sites are north of the
preferred alternative and would not be impacted by the Project. The proposed transmission will be
located adjacent to County Road 51 rights-of-way whenever possible. The transmission line will not
modify the existing topographic features of the site.
Section 21-3-340.A.16— The existing water quality of affected state waters will not be degraded below
state and federal standards or established baseline levels. There would be no direct impacts to water
quality associated with regular operation or maintenance of the transmission line. The Project would
not create runoff in excess of historic levels and would not change existing topography or adversely
affect drainage.There would be no alteration in the pattern or intensity of surface drainage as a result
• of construction or operation of the transmission line.The existing water quality of affected state waters
will not be degraded below state and federal standards or established baseline levels by the project.
RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
• PAGE 5
Section 21-3-340.A.17— The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability,
volume, recharge capability and depth of aquifers in the impact area. The proposed transmission line
will not modify existing drainage on-site, nor will it modify subsurface aquifers in the area.
Section 21-3-340.A.18— The benefits of the proposed developments outweigh the losses of any
natural resources or reduction of productivity of agricultural lands as a result of the proposed
development. The transmission line will cross a new dairy and land associated with this business,and
irrigated and non-irrigated farmlands. The area of disturbance is a one hundred foot wide construction
easement running the length of the new transmission line, which calculates to be approximately
twenty-four (24) acres (around the 22-25 transmission line poles on a spacing of 450-650 feet on
center)would result from this proposal.
Section 21-3-340.A.19— The applicant has obtained or will obtain all property rights, permits and
approvals necessary for the proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access,etc. If the applicant has not obtained all necessary
property rights,permits and approvals, the Board may, at its discretion, grant the permit conditioned
upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the
County. The applicant has will obtain a transmission line easement from all
owners of property that the transmission line will cross one month prior to construction.
Section 21-3-340.A.20— The proposed project(nonlinear facilities) will not present an unreasonable
risk of exposure to or release of toxic or hazardous substances within the impact area. The
determination of effects of the project shall include the following considerations:
• 1. The means by which outdoor storage facilities for fuel, raw materials, equipment and related
items are adequately enclosed by a fence or wall.
2. The likelihood of hazardous materials or wastes being moved off the site by natural causes or
forces.
3. Containment of inflammable or explosive liquids, solids or gases.
The proposed project will not present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area.
Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily
duplicate existing services within the County. The scope and nature of the proposed project will not
unnecessarily duplicate existing services within the county. The proposed transmission line will
provide the ability for Tri-State to deliver power to its member cooperatives and improve service to the
South Kersey substation and to new industrial developments in the county and neighboring
municipalities.
Section 21-3-340.A.22—If the purpose and need for the proposed project are to meet the needs of an
increasing population within the County, the area and community development plans and population
trends demonstrate clearly a need for such development. The project will provide reliable service to
the LaSalle Gas Plant and future industrial developments in Weld County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
• A. Prior to recording the plat:
RESOLUTION USR12-0009
• TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
PAGE 6
1. The applicant shall submit written evidence from the applicant indicating all requirements and
agreements between the surface developer and the mineral owners and/or lessees have
been completed shall be submitted or evidence that an adequate attempt has been made to
mitigate their concerns. (Department of Planning Services)
2. The applicant shall submit written evidence from representatives for the Western Area Power
Administration indicating their intention and timeline to submit a Subdivision Exemption land
use permit a switching station on lands owned by Highland Properties 1411, LLC
(Department of Planning Services)
3. The applicant shall submit written evidence of compliance with the Federal Aviation
Administration (FAA) referral dated March 14, 2012, specific to the submittal of FM Form
7460-1, Notice of Proposed Construction or Alteration. If any portion of the proposal is
located within 20,000 feet of a public use runway (and breaks a 100:1 plane coming off the
nearest point of the nearest runway); or, is more than 200 feet above ground level at any
location, the FAA requires the project's proponent to file a Form 7460-1. (FM)
4. The applicant shall submit written evidence of compliance with Army Corps of Engineers
referral dated March 14, 2012. (Army Corps of Engineers)
B. The Plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 21-3-330.B.3 & B.4 of the Weld
County Code. (Department of Planning Services)
• 2. All sheets shall be labeled USR12-0009. (Department of Planning Services)
3. The Development Standards associated with this application. (Department of Planning
Services)
4. County Roads 54 and 51 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads
are maintained by Weld County. (Department of Public Works)
5. The location of the permanent Transmission Line easement. (Department of Planning
Services)
6. The final location of the Subdivision Exemption area for the Western Area Power
Administration [Western] Switching Station. (Department of Planning Services)
C. One month prior to construction activities:
1. Contact the Public Works Utility Coordinator for a Right-of-Way permit for any work that may
be required in the County Right-of-Way. (Department of Public Works)
2. An Access Permit is required for any new accesses to the County roadways. (Department of
Public Works)
• 3. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain:an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
• RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
PAGE 7
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit. (Department of Public Works)
4. The applicant shall submit evidence of an Air Pollution Emission Notice(APEN)application
from the Air Pollution Control Division, Colorado Department of Health and Environment.
Alternately, the applicant can provide evidence from the APCD that they are not subject to
these requirements. (Department of Public Health and Environment)
5. A special transport permit will be required for any oversized or overweight vehicles that may
access the site during construction. (Department of Public Works)
6. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment.(Department
of Public Works)
7. The applicant shall provide recorded evidence that all easements for the transmission line
have been acquired.
D. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
E. Upon completion of A. through D. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
• the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within sixty(60)days from the date of the
Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
F. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty(120)days of approval by the Planning Commission. (Department
of Planning Services)
G. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the application was signed a $50.00
recording continuance charge may be added for each additional 3 month period.
H. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerterco.weld.co.us. (Department of Planning Services)
The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
• Motion seconded by Benjamin Hansford.
• RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
PAGE 8
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 15, 2012.
• Dated the 15h of May, 2012.
141*
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Tri-State Generation &Transmission Association
USR12-0009
1. A Site Specific Development Plan and Use By Special Review Permit for a Major Facility of a Public
Utility (Two miles of single circuit 115-Kilovolt (kV) electric transmission line, to connect into the
LaSalle gas plant [USR-1792] substation facility, and one (1) switching station at point of
interconnection from the Western Area Power Administration [Western]Transmission Line) in the A
(Agricultural) zone district, as indicated in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated hereon. (Department of
Planning)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
• 6. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route.
(Department of Public Health and Environment)
7. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during
construction of the project. (Department of Public Health and Environment)
8. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
9. Environmental Protection Measures for Construction Projects, as identified in Appendix B of the
application, shall be adhered to. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
12. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
13. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
• generally attributed to run-off rate and velocity increases,diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
• PAGE 10
14. The applicant is required to comply with all Colorado Department of Health and Environment, Water
Quality Control Division regulations regarding storm water quality permitting and protection and
construction storm water discharges. (Department of Public Works)
15. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)(Department of Planning
Services)
16. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)(Department
of Planning Services)
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
20. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
• Planning Services)
21. The Special Review area shall be limited to the plans shown herein and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
23. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
• farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
RESOLUTION USR12-0009
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
• PAGE 11
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
• pivot operations, high speed traffic, sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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Mr. Gathman wanted to ensure the inclusion of the Weld County Building Department referral into the
Staff Report. Motion:Add Condition of Approval 1.M to read'The applicant shall address the requirements of
the Department of Building Inspection as outlined in their referral response dated May 15, 2012", Moved by
Robert Grand, Seconded by Nick Berryman.
Motion passed unanimously.
Brad Yatabe, County Attorney,suggested that some provision be included that there is not a limitation
on animal units in terms of events such as a rodeo.
The Chair called a recess at 2:20 pm for Mr.Yatabe to create language to be included in the staff report. The
Chair called the meeting back to order at 2:29 pm.
Dr Mr.Yatabe suggested adding a new Development Standard 6 to read"The number of animals allowed
on site during events shall be unlimited." Motion: Add new Development Standard 6 per staffs
recommendation, Moved by Robert Grand, Seconded by Nick Berryman.
Motion passed unanimously.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
0. Motion: Forward Case USR-1752 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Bill Hall.
Vote: Motion passed (summary: Yes =8, No = 1, Abstain =0).
• Yes:Alexander Zauder, Bill Hall, Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,
Thomas Holton.
No: Benjamin Hansford.
Joyce Smock referred to Development Standard 5 and reiterated to the applicant that no alcoholic beverages
shall be allowed on site.
Robed Grand commented that Mr. Vega has a right to use his property; however with that comes the
responsibility to adhere to the regulatory issues outlined in the Staff Report.
`` CASE NUMBER: USR12-0009
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO MILES OF
SINGLE CIRCUIT 115-KILOVOLT (kV) ELECTRIC TRANSMISSION LINE, TO
CONNECT INTO THE LASALLE GAS PLANT [USR-1792] SUBSTATION
FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF
INTERCONNECTION FROM THE WESTERN AREA POWER ADMINISTRATION
[WAPA]TRANSMISSION LINE) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES IN SECTION 10(WAPA SWITCHING
STATION)CROSSES SECTION 30 AND 31,T5N,R64W OF THE 6T"P.M.,WELD
COUNTY,COLORADO AND ENDS AT THE LASALLE GAS PLANT(USR-1792).
LOCATION: SOUTH OF COUNTY ROAD 54 IN AN EASEMENT WEST OF COUNTY ROAD 51
TO A PROPERTY IN THE NW4 OF CR 50 AND CR 51.
Jason Maxey stated that he is an employee with United Power who is a cooperative member of Tri-State
Generation and Transmission;however this request is not located in United Power's area and he believes he
can make a fair judgment to this case. The Planning Commission did not have any concerns with Mr. Maxey
• hearing this case.
I g 3
41 A P,, rifo s
• 1► Kim Ogle, Planning Services, presented Case USR12-0009, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
D. Mr.Ogle submitted a memorandum proposing some amendments to the language. Motion:Amend the
Staff Report as read by staff and add Condition of Approval C.7,Moved by Bill Hall,Seconded by Benjamin
Hansford.
Motion passed unanimously.
Ili" In addition, Environmental Health and Public Works presented their reports and stated that they have no
concerns with this request.
S" Steve Gray, Tri-State Generation and Transmission, 1100 West 116'h Ave, Westminster, Colorado,
stated that they are proposing a to install a 115kV transmission line on single wood structures to serve
customers in the area. He added that they did provide outreach to the surrounding property owners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
lir Motion: Forward Case USR12-0009 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jason Maxey, Seconded by Benjamin Hansford.
• Vote: Motion carried by unanimous roll call vote (summary: Yes=9).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
CASE NUMBER: USR12-0005
APPLICANT: WINDSOR RENEWAL I LLC
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR TRANSLOADING (RAIL AND TRUCK TRANSLOADING OF
COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO,THOSE
FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS,
SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: Lot A OF RECX12-0013; PART SW4 SECTION 26, T6N, R67W & PART NW4
SECTION 35,T6N, R67W OF THE 6T"P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF EASTMAN PARK DRIVE AND APPROXIMATELY 34 MILES EAST OF
STATE HWY 257.
lir Tom Parko, Planning Services, presented Case USR-12-0005, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. The Planning Commission inquired if
Development Standard 3 should be amended to operate Monday through Saturday.
D. Don Carroll, Public Works, presented his report including the conditions of approval and development
standards in the staff report. They have no concerns with this request.
Mary Evett, Environmental Health, presented her report including the conditions of approval and
• development standards in the staff report. Ms. Evett commented that there is a "Note" after Development
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